Ballotpedia has tracked 132 lawsuits regarding public-sector union policy since Janus decision

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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), ruling that public-sector unions cannot compel non-member employees to pay fees covering the costs of non-political union activities. This decision overturned precedent established in Abood v. Detroit Board of Education in 1977.

In the wake of Janus, individuals and advocacy groups across the nation have filed over 100 new lawsuits involving a wide array of public-sector labor laws and union practices. To date, we have tracked 132 post-Janus lawsuits. At least 58 of these lawsuits involve attempts to obtain refunds for fees that employees had to pay to unions prior to Janus. At least 57 involve challenges to membership withdrawal procedures (namely, laws or policies that allow union members to resign their membership only during specified periods of times).

Of these 132 lawsuits, 129 have been filed in the federal courts. Fifty-five suits have been filed in the Ninth Circuit alone, 42.7% of all federal post-Janus lawsuits. The Ninth Circuit encompasses federal district courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The Third Circuit has seen the second-greatest number of post-Janus lawsuits: 22, or 17% of the total. The Third Circuit’s jurisdiction encompasses Delaware, New Jersey, and Pennsylvania.

Jerrick Adams / Ballotpedia via The Center Square
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Reposted with permission

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“The Democratic Party bought multiple seats on this court to achieve yet another outcome unobtainable democratically,” Justice Rebecca Bradley wrote in dissent.

Bradley joined Justice Annette Ziegler in dissent against hear the case from the Wisconsin Business Leaders for Democracy that a three-judge panel dismissed on April 28.

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The majority of judges took offense at Bradley’s insinuation that the decision to hear the case was politically motivated, calling the dissent “false, inappropriate, and disingenuous charges.”

“Deciding to hear a case does not reflect any weighing of the merits of any party’s claims, let alone prejudgment about who will prevail and why,” Justice Rebecca Dallet wrote. “We do not prejudge cases, and for that reason, we do not comment at this early stage on the parties’ legal theories, or try to develop arguments in favor of one side or another.”

Ziegler wrote that it was “shocking” the case would be reviewed without analysis of the jurisdiction of the case, if there is a proper claim or if there is even a right to appeal the ruling of a three-judge panel. She pointed to four other times that the Wisconsin Supreme Court had determined that the current congressional map would not be reviewed.

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“Unfortunately, students and their families are the ones who will be paying the price for this dishonesty,” Testin said in a statement. “At least we now know that we can no longer take the UW Board of Regents at their word.

“My Joint Finance Committee colleagues and I certainly will not forget this betrayal when the regents and UW officials come begging to us for more money during next year’s state budget deliberations. This is simply unacceptable.”

The 2% increase for resident undergraduate tuition would be effective this fall. The university said in a press release that the increase is below the current inflation rate. The increase also includes a 3.5% increase in segregated fees, which are for student services, activities, programs, and facilities. In all, it would be a 2.5% average increase across tuition, segregated fees and room and board.

“We recognize Wisconsin families are managing rising costs in every part of their lives, and that reality informed this proposal,” Universities of Wisconsin Interim President Renée Wachter said in a statement. “This is a measured increase that helps our universities continue providing strong student support and high-quality academic experiences while keeping a UW education among the most affordable in the Midwest.”

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Wimberger said that, if the system would “eliminate their administrative bloat,” it would free up $750 million.

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